Andrew Maurice Randolph v. Matt Macauley -Eastern District of Michigan at Flint
Split Score
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Case Summary
Disposition
Affirmed
The Sixth Circuit rejected Andrew Randolph’s § 2254 habeas appeal, holding that his trial lawyer was not ineffective for failing to move to suppress firearm evidence and that the state court’s decision withstands AEDPA review. It also refused to enlarge Randolph’s Certificate of Appealability, concluding that a merits panel has no power to expand a COA already limited by a motions panel and the en banc court.
Circuit Split Identified
Legal Issue
Whether a merits panel of the U.S. Court of Appeals may enlarge a previously issued Certificate of Appealability (COA) after a motions panel has refused to grant review on additional issues.
Circuit Positions
Merits panel may expand a COA previously limited by a motions panel (authority retained under local rules or inherent appellate power).
Merits panel lacks authority to expand a COA once a motions panel has limited it; only the Supreme Court may thereafter grant broader review.
Conflict Summary
The Third and Ninth Circuits permit merits panels to revisit and expand a COA issued by a motions panel, whereas the Sixth Circuit holds that AEDPA and its own local rules foreclose any such authority once a motions panel (and the en banc court) have denied expansion.